Free Witness List - District Court of Federal Claims - federal

Case 1:96-cv-00700-LB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________________________________________________________________________
APACHE APARTMENTS OF OWATONNA, et al., Plaintiffs, v. THE UNITED STATES Defendant. ______________________________________________________________________________ PLAINTIFFS'WITNESS LIST In accordance with paragraph 2 of the Court' Order of December 22, 2005 and s paragraph 15 of Appendix A to the Rules of the United States Court of Federal Claims, Plaintiffs Apache Apartments of Owatonna, a Limited Partnership, et al., submit this list of the fact and expert witnesses they expect to call at the trial of this matter. 1. Paul Arnfelt 1235 Ridge Road Owatonna, MN 55060 Fact Witness. Mr. Arnfelt is expected to testify regarding defendant' wrongful actions s and the damages suffered as a result thereof. His testimony is expected to include the decision to enter into the Section 236 program and execute the contracts at issue, the prepayment intentions of plaintiffs, the efforts made by plaintiffs to prepay and leave the program, and the current status of the properties at issue. Estimated time for direct examination is 3 hours. 2. David Busch 412 18th Street South East Rochester, MN 55904 Case No. 96-700C (Judge Block)

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Fact Witness. Mr. Busch is expected to testify regarding defendant' wrongful actions s and the damages suffered as a result thereof. His testimony is expected to include the decision to enter into the Section 236 program and execute the contracts at issue, the prepayment intentions of plaintiffs, the efforts made by plaintiffs to prepay and leave the program, and the current status of the properties at issue. Estimated time for direct examination is 2 hours. 3. Mark Campbell 8657 22nd Avenue South Bloomington, MN 55425 Fact Witness. Mr. Campbell is expected to testify about his knowledge of and communications with plaintiffs and their properties. Mr. Campbell will also testify about the nature of the HUD multifamily programs including Sections 236, 221(d)(3) and 8; the development, building and sale of multifamily housing; the policies and practices of HUD with respect to multifamily housing programs; the investment backed expectations of participants in HUD programs; the nature of the government' actions, policies and procedures in the name of s housing " preservation,"as well as Title II, Title VI, and the HOPE statute; the nature and costs of various options made available pursuant to the " preservation"policy; and the economic impact of the government' actions on HUD program participants. Estimated time for direct s examination is 3 hours. 4. William Dockser 11200 Rockville Pike Rockville, MD 20852 Fact Witness. Mr. Dockser is expected to testify regarding the nature of the HUD multifamily programs including Sections 236, 221(d)(3) and 8; the development, building and sale of multifamily housing; the policies and practices of HUD with respect to multifamily housing programs; the investment backed expectations of participants in HUD programs; the

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nature of the government' actions, policies and procedures in the name of housing s " preservation,"as well as Title II and Title VI; the nature and costs of various options made available pursuant to the " preservation"policy; and the economic impact of the government' s actions on HUD program participants. Estimated time for direct examination is 1 hour. 5. Donald Hagen 1589 Highway Seven Suite 200 Minnetonka, MN 55305 Fact Witness. Mr. Hagen is expected to testify regarding defendant' wrongful actions s and the damages suffered as a result thereof. His testimony is expected to include the decision to enter into the Section 236 program and execute the contracts at issue, the prepayment intentions of plaintiffs, the efforts made by plaintiffs to prepay and leave the program, and the current status of the properties at issue. Estimated time for direct examination is 1 hour. 6. Jeffrey Hagen 1589 Highway Seven Suite 200 Minnetonka, MN 55305 Fact Witness. Mr. Hagen is expected to testify regarding defendant' wrongful actions s and the damages suffered by as a result thereof. His testimony is expected to include the decision to enter into the Section 236 program and execute the contracts at issue, the prepayment intentions of plaintiffs, the efforts made by plaintiffs to prepay and leave the program, and the current status of the properties at issue. Estimated time for direct examination is 2 hours. 7. Dr. George Karvel University of St. Thomas 1000 LaSalle Avenue, TMH 153 Minneapolis, MN 55403-2005

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Expert Witness. Dr. Karvel is expected to testify regarding his calculations of the damages suffered by each of the plaintiffs as a result of defendant' wrongful actions. Dr. s Karvel is also expected to testify regarding the matters set forth in his expert report and any amendments thereto. Dr. Karvel may also testify regarding the expert reports and testimony provided or to be provided by defendant' expert witnesses. Estimated time for direct s examination is 6 hours. 8. Timothy Murray 3500 Vicksburg Lane North #324 Plymouth, MN 55447 Fact Witness. Mr. Murray is expected to testify regarding defendant' wrongful actions s and the damages suffered as a result thereof. His testimony is expected to include the decision to enter into the Section 236 program and execute the contracts at issue, the prepayment intentions of plaintiffs, the efforts made by plaintiffs to prepay and leave the program, and the current status of the properties at issue. Estimated time for direct examination is 2 hours. 9. Robert Thimmesh 8612 Aldrich Avenue Bloomington, MN 55420 Fact Witness. Mr. Thimmesh is expected to testify regarding defendant' wrongful s actions and the damages suffered as a result thereof. His testimony is expected to include the decision to enter into the Section 236 program and execute the contracts at issue, the prepayment intentions of plaintiffs, the efforts made by plaintiffs to prepay and leave the program, and the current status of the properties at issue. Estimated time for direct examination is 2 hours. 10. Joseph Weiss Weis Builders 2227 NW 7th Street Rochester, MN 55901-0206

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Fact Witness. Mr. Weiss is expected to testify regarding defendant' wrongful actions s and the damages suffered as a result thereof. His testimony is expected to include the decision to enter into the Section 236 program and execute the contracts at issue, the prepayment intentions of plaintiffs, the efforts made by plaintiffs to prepay and leave the program, and the current status of the properties at issue. Estimated time for direct examination is 1 hour. Plaintiffs reserve the right to call any witness named in the witness list submitted by defendant in this matter and otherwise supplement or amend this list as justice may require. Plaintiffs also reserve the right to call additional impeachment witnesses and to call any witness necessary to lay the foundation for the admissibility of trial exhibits.

Respectfully submitted, s/ Jeff H. Eckland JEFF H. ECKLAND Mark J. Blando, Of Counsel ECKLAND & BLANDO LLP 500 Lumber Exchange 10 South Fifth Street Minneapolis, Minnesota 55402 Telephone: (612) 236-0160 Facsimile: (612) 236-0179 Jerry W. Snider, Of Counsel William L. Roberts, Of Counsel Michael Cockson, Of Counsel Mark D. Savin, Of Counsel FAEGRE & BENSON LLP 2200 Wells Fargo Center Minneapolis, MN 55402 Telephone: (612) 766-7000 Facsimile: (612) 766-1600 Attorneys for Plaintiffs Dated: March 28, 2006
M2:20785671.01